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PROGRESSIVE AMERICAN PAPER
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Vol. X. No. 1801.
HONOLULU, TERRITORY OF HAWAII. FRIDAY. MARCH
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29. 1901. , PbWo Cfeirrs. ,T - - '
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Majority of Judiciary
Committee Scores
Dole and Frear,
I
ON MOTION OF C. MOWN
r . REPORT LAID ON TABLE
Carter Presents a Wmtif Report
Russell Retires From Chair Until
Mondaj-Kaiue Jakes His
Place.
When tho Senate met this forenoon,
President Russet said that, at the re
quest of the majority, he had consented
to take the chair for a day. 'Now that
the day had passed by, he would call
the Vice President to the chair. Mr.
Kalue then changed places with Mr,
Russel. Mr, C, Brown asked Mr. Rus
set If he had not retired from the chair
pending; his motion to accept the resig
ns Hon of the chair which was deferred
to Monday. The answer was In the
affirmative. ,
The following' communication from
tho Secretary was received, read and
placed on die for consideration on Mon
day: . " ,
Honolulu, H. I... Mar, 26, 1901.
Sir: Section 69 of an .Act to provide
a government for the Territory of' Ha
waii, approved the 30th day of April,
A. 0. 1900, provides, among, other du
ties of the Secretary of the Territory,
that "he shall within thirty days after
the end of each session of the Legisla
ture transmit to the President, the
President of the Senate and the Speak
er of the House of Representatives of
the United States one copy each of the
laws and Journals of such session."
In order that I may comply with this
section of the law, I respectfully re
quest that the -Journal of tbe Senate
from the beginning of -the present ses
sion to the present date, duly certified
by the President and the secretary,
be transmitted to mo as soon as possi
ble and that thereafter the Journal of
ca'ch day's session, duly certified, be
filed In my office as soon as the official
copy can be prepared; a'nd also that
sufficient money be? placed at my dis
posal for making the necessary copies
of the same..
(Signed.) HENRY E. COOPER,
Secretary of the Territory,
To Hon. Nicholas Russel,
President of the Senate.
Two communications from the House
submitting House bills 15 and 40, the
latter relating to the employment of
minors in saloons, were read and, upon
motion, passed their flr3t reading. An
other communication was to the effect
that Senate bill 28, relating to O. A. R,
badges, had been pass:d in third read
ing in the House. The communication
was referred to the Military 'Committee
and Mr. Crabbe.. s.
The majority of the Judiciary Com
mlttee reported' as follows:
Report of the Judiciary Committee
on the message of the Governor in re
gard to the revision of the laws of the
Territory of Hawaii.
The majority of the Judiciary Com
mittee, to whom was referred the Gov
ernor's message In regard to the revi
sion of the laws of the Territory of Ha
waii by Judge Walter F. Frear beg
leave to report that said message has
had their attentive consideration. '
The majority of the committee beg
further to report thai1, tlie "request"
made by the Governor, to (Judge; Frear 1
w
Can Move In
Tomorrow
A pretty, neat and
attractive
SIX ROOM COTTAGE
JUST OFF- WI1DER AVENUE '&N
ANAPUNl STREET; . ,,
Beautiful Lawi
: , Fruit Trees
Alligator Pear Mango, Papala,
B.mam, Etc., He.
PR1CB $4100.00
i
TERMS Cash and easy payments
$1600.03. Mortgage $2500.00
7?. iH years, privilege of
payment.
ALSO NEAT, CREAM and WHITE
SIX ROOM COTTAGE
on King St. beyond WalklUI Turn, 2W.
Easy payments.
McClellan, Pond & Co.
fLL. MAIN 60. JUDO DUILDING
w ir.w 1 M
isMk.mmAULlL.
thai ho prepare a revision of (he Hawa
iian laws as "affected" by the Organic
Act. was an unwarranted assumption
of authority on the part of 'the Gov
ernor n tho opinion of the majority
which should not be In any wise ratifi
ed" or confirmed by the legislature; the
majority also deem It Hot Improper to
say that they, have been surprised to
learn from the Governor's message that
Judge Frear, should have prepared the
revision of the laws In question upon
the mere request of the Governor with-
"us itfsiaiuuve sanction or autnority.
It is customary In all of the United
States as well as In tho Territories for
the revision or compilation of laws to
be effected by a special "act of the
Legislature authorizing such revision
or compilation to be made by a com
mission appointed for that purpoep by
eimer me Legislature or the Governor.
This Is, the first Instance Id which an
Individual has been enterprising
enough to undertake (..revision of the
laws without prior legislative authority
so to do. The majority beg to call at
tentlon to the fact that tho Governor
states In the message under considera
tion that ''upon tne approval" of the
Organic Act he requeued Judge Frear
to prepare a revision of tho law, etc.,
and It Is singular Indeed that the Gov
ernor should have failed to dlrVct the
attention of the Legislature to so Im
portant a matter In his first and gen
eral message, and it Is equally singular
that the Chief Justice' (Judge Frear)
should have preserved entire silence
upon the matter 'In h'ls report to the
Legislature. ' '
Tho appointment of Judge Frear to
acf with others as 'a commission to
codify, revise or compile the-laws -as
the case might be, is not without pre
cedent, but the majorlty'seriously ques
tion the propriety of assigning judges
to such duties. The majority are of the
opinion that the Chief Justice and the
other Judges can .best serve the com
munity by attending strictly to their
Judicial duties. Tbe majority stren
uously recommend that the Senate do
not concur In the Governor recom
mendations. WM. WHITE.
S. E. KAIUE,
Majority Judiciary Committee.
The minority reported as follows:
Thelmlnority .of the Judiciary Com
mittee to whom was referred the Gov
ernor a message In regard to revision
of tbe laws of the Territory'of Hawaii.
begs to report, 'that ' '
Whereas, there is a great publlo ne
cessity for Immediate revision of the
laws of the Territory of Hawaii, owing
to the very many changes caused by
the superseding Organic Act and that
as It would be a physical impossibility
to prepare such a revision within the
sixty days' session of the Legislature;
therefore the voluntary extra work of
Chief Justice Frear, done w Ithout certainty-of
compensation Is a public ser
vice, prompted by patrijtlsm and loyal
ty.
The minority of your committee see
no usurpation of legislative authority
by the Governor for you are at liberty
to purchase the workvdone and submit
it to a commission for tevision and re
port during the session or leave the
work to an entirely nw commission
for report at the next session, thus de
fraying the final publication.
Therefore, the minority recommends
that the committee should Inquire
what the'eost of the revision now near
ly complete and If lets' tliati It can
bo dona for by others that the work of
Judge Frear be purchased and revised
under supervision of your committee,
translated and printed, as no work of
more Importance or of greater benefit
to the public can be done.
G. R, CARTER,
Minority of Judjctary Committee.
A long discussion followed these re
ports. Several motions were made.
The motion to adopt the minority re
port was lost.' Mr, C. Brown moved
that the majority repot be laid on the
table'. 'Becorfdetf' by Mr. Carter and
carrled,Senators Russel and Kanuha
voting with the Republicans. At12
m, the Senate took a recess until 1:30
o'clock: ,
MIm Klllsan'a Easier Opening .
The display of fine nat at tbe Easter
opening of M, KUIean & Co, on Hotel
street, Is an attraction that keeps a
crowd of men and women at the win
dows all the day. MUs KUIean made
her selections of patterns and styles
from personal Inspection of large
stocks at 8an,Franclsco and has spread
before her patrons an array of the
finest creations 'known to tbe milliners
art -
She shows some startling effects .In
light chiffon trimmed, turban and Tarn
o Shanter effects. A bow of black
velvet upon downy rhlffon makes an
effective contrast. The fright. flowers
and glittering tinsel Is used more ex
tensively than ever In trimmings for
fine hats this Bprlng, Miss KUlean has
selected tho best.
Destdes new things In millinery, Miss
Klllean has somo 'astonishing novel
ties. The belts and gloves and ties and
other feminine brie a brae all come
from the best designers,
1
THE WATERMAN IDEAL FOUN
TAIN PEN. 'All Blzes, all shapes. H
F. WICHMAN. '
'-. '..:. .W.f-fci. J Vs'tr. i. .. "' Atf.,- w. ... ..
Hi
MM
NEW TAX MEASURE
Makes Provision .for New
County and Town
, Organization.
FRENBERGAST GIVES NOTICE,
OF SPECIAL TAX ON SUtAI
House Gets Through- Witt gW Grist
' of Business-Robertson Pt'dposM
to Table Organic
'Act, ,
' 1
N if , , A
When the House convened this morn
ing, the preliminary business was un
usually short. Messages were received
from the Senate announcing that Sen
ate Mils SO and 16 had passed 'through
the; political 'channels for the third
time in safety, anO were now readyfor
the House.
i Naillma introduced a bill which pass
ed Its first' 'reading, entitled "An Act
fixing a system of taxation for the Tr
rltory of Hawaii:",
Theact provided that the Terrltor'y
should be divided Info file taxation dis
tricts. The dato or taxation to be No
vember 1st; the assessment being tak
en on January jlst. One tax assessor
for every county Is' to be'elected'
every two years. Each tax assessor
Is to have deputies under him, whq
are to assist the assessor In' all his
work. The assessor was to have the
right of Inspecting any land, building,1
etc. The amount of assessment Is 'to
be settled by the Board of County Com
missioners. ,itt"'
The general tax on .county' lots Is
to be 25 cents an acre. Lepers were to
be exempt from taxes. .City lots are
to be taxed In proportion to their' pop
ulation. There Is' ti; be an inheri
tance tax of 10 per cent of whole estate
when 'the'nelrs are In direct 'descent.
and 25 per, cent when the1 estate Is
left to strangers. Two and a half per
cent tax Is to 'be levied on stores, etc.
Ranks, etc., nre to pay 2 per cent. In
surance companies are booked for 214
per cent. Electric light and gas com
panies are to be docked 4 per cent.
Two per cent Is to be collected on all
rents, etc.
There Is to be a Territorial and
also a county board of tax control. The
rest of the bill deals with the mode of
procedure in making reports, etc.
Monsarratt gave notice that he in
tended to introduce a bill relating to
the trespass of animals.
Tbe House then passed to the un
finished business and as Senate bill 20
was on the spit at the close of yester
day's session It was the first thing dis
cussed. '-
Robertson stated that the bill was an
Instrument for tbe furthering of fraud,
helping a man to escape his Just debts.
" After considerable discussion. Rih-
ertson asked that the bill be referred ti
a committee, but his motion was lost;
ayes 10, noes 16. '
A vote to reconsider sections J,' 0,-4,
and 5 of the bill -was finally carried Af
ter several challenges.
The "referred to committee ghost"
Is not dead as yet. for It soon appear-,
ed on the horizon, when the reamend
Ing began. A motion 10 refer it to the
HIINOLll.l1 BLUE BOOK
ANDHATIIT PROPOSES
. -
, Mention of the fart In several of the papers here, that a number of gen
tlemen have well under way the compilation of data for. the publication of
what Is to be known as "Tho Honolulu lilue Book," and 'the coupling In
articles of the name of a New York so ;iety.. gentleman; as ono of the pro-i
moters, has led to -considerable discussion .upon 'the subject and more or
less misapprehension.
In order to speak advisedly In Jhe matter,! a Bulletin reporter'thls morn
ing called upon Mr. Emmett 'May, one of the gentlemen Interested In the
work, with a view to ascertaining the facts. -'
In answer to a qustlon as to the .scope and purpose of the proposed pub
lication, Mr, May said:
"As Is wel known, every city of any pretensions in the States, has what
Is known as Its ."Blue Rook" or society directory,'- cNothlng of the kind has
ever been attempted here, and four of usj Including myself, all residents of
Honolulu, ore of the opinion that tho time Is ripe for such a book heroand
for some weeks have had the matter quietly, under' way,
"A considerable portion of the city has already been visited by Mr.
Pierce, who bos In charge the compilation of the names In thu residence dls
trlcts and he has met .with much encouragement from those whom ho has
seen,
"He has found, however, that In the minds of many there Is tho mistak
en Impression, that tho book is to Inoludo only tho names of tho ultra- so
ciety people. This Is not true. It Is our purpose to carefully compile tho
names of the leading reputable and respectable families and Individuals of
Btandlng In the community, and this to Include under proper headings. Hllo
and tho other Islands, as well as Honolulu,
"From the courtesy shown ub by the ladles thus far called upon, by tho
press and the business men with whom wo have- talked, and the encourage
ment wo hae received from all, we feel assured of the success of the venture."
Judiciary Committee was knocked on
the head after a hot light.
A motion by Makekau to pass the
bill on Its second reading without any
amendments, was passed.
Robertson now made a motion that
the. Legislature Biispeml the Organic
Act and pass the bill on Its third read
ing. The motion found hearty seconds.
House Mil 38, relative to the compen
sation galnable by property owners
who should build on the proposed lines
of street widening, came up for the
third reading. The result as ayes 23,
noes J.
House, bill 44, relating to the estab
llshlng of school libraries, came up for
third redding. ,Tho bill finally passed,
ayes i, toes 8.
Senate Mil 27. relative to the reaulat
tat of Jurors' 'fees, was referred to. the
Judiciary Committee.
House Mil 41. relating to the naming
of street, etc., In Honolulu, came up
for second readlhg. Tne Public Land
Commltta advised that the bill pass.
The fepott.sras adopted. The -bill was
thea deterred until next Monday!
House bill 42, concerning the nuro
berlng of buildings, etc. In Honolulu.
came un for second resdmr. Thn P11I1
lie Landk Committee advised that the
bill pass'r a slightly amended form.
The. report , was finally adopted after a
hard tussle. The bill was laid .over un
til Monday.
RobegUon Introduced a memorial
signed P7 iill the leading business men
In town, objecting to the Dasosce of the
exemption of personal property law.
Referred to Judiciary Committee.
PTndergast sald'that he wanted to
Introduce a bill providing for a tax of
$10 on every ton bf sugar raised in the
T;rrHoy.
Emme(uth gave notice of his inten
tion te) introduce a bill providing for
tbe correct keeping and auditing of ac
conntai The House then took a recess until 2
o'clock.
1 ' , ..
WU1.WT NK.FOR
;. Kit ih
Superintendent of Public Works Mo
Candless has refused (to "jselp Cap'taln
Clapp of the Jabes Howes in the mat
ter of the Fearless bill for getting the
Howes out of the mud wbere tbe Eleu
left her. As grounds lor his refuse).
the superintendent says that the de
partment can not be tespouslble for
acts of It servants.
A well known shipping man said this
morning:
"Under the harbor regulations the
masters of vessels mint take a harbor
master In moving their ships. For
this, a fee of $3 Is charged. While ex
acting this tec, the department refuses
to be responsible for any damage done
the property of prlvalj parties while
In charge of.it. Several weeks ago, In
moving the bark Oerard C, Tobey,
about $250 worth of damage was done
her. The assistant hai bormaster was
In charge of her at the time. If the de
partment refuses to be liable for the
acts of its 'servants anl compels mas
ters of vessels -to move under the di
rection of aihsrbormaster should dam--age
nsue,then there -would be no re
course for the. owner of the vessel but
to pay the harbormaster's fee and also
fonaayrdamage oe mav Pave Ione.
l'WU!f this ruling In.mlnd who would
be responsible for tho rtrandlng of a
vessel in tow of the tag Eleu? If some
day she should happen to, pile a ship
high and dry on tho reef, could the
owners of the vessel hope for dam
ages!"
REAL
ESTATE VIES
General Opinion is that
the Upward Course
Will last.
J. A.MAM0N1AS
. MAJEA CAIEFUL STUIY
Promoters of Pacific Heights Says
, Money Supply Has More Influ-
ence Than Newspaper
Controrersy.
The level of real estato values In Ho
nolulu continues to be a topic of dis
cussion with business men and others
Interested In the material prosperity
of the community. 1
j; A. Magoon said to a Bulletin re
porter this morning: "I am satisfied
that real estate values -bare have not
reached their highest point by any
means. When I first came to Honolulu
to reside pcrmsnently I would often
hear tbe remark that people had gono
crazy over real estate values, and that
prices had reached tin point entirely
beyond actual values. I have heard
this statement made over and over
again each year ever since.
Notwithstanding these pessimistic
views the prices of real estate have
constantly advanced. I believe It Is
not an exaggeration to say that the
price of unimproved real,, estate has
doubled In value every five years for
the past fifteen years In Honolulu.
When w come to consider the limited
area, and the needs of Honolulu, It Is
easy to see that real estate In this city
Is bound to further Increase In value.
"My Idea la that Honolulu wll be one
of the very Important cities of the
world."
C. S. Desky refuse! to be Inter
viewed on the subject, saying: "It Is
nonsensical to suppose that tbe level of
real estate values can te fixed or deter
mined by newspaper controversy. The
principal reason why real estate does
not change hands rapidly at the prcs
ent time Is because of the scarcity of
money In Honolulu. As toon as normal
conditions return, people will again In
vest In real property. Under normal
conditions, properties recently offered
for sale nt auction would hae moved
much more briskly,"
Oscar White, with E. O. Hall & Son,
who owns a few pieces of real estate
but has none for sale, said that he
thinks that current real estato prices
are based on real values. In tho cen
ter of the business district values are
figured oq the earning capacity of the
property. As far aB outllng tracts are
concerned, I think prevailing prices are
notar from, actual worth. I consider
that the Increase in, values pjsced on
real eetatedurlng the past six or seven
years has been normal. It has been In
keeping with the growth of the city
and the. Increase In population,
VI do not believe the Introduc
tion of rapid transit will causo much of
an advance In the prices of suburban
property. The choice lots msy com
mand advanced figures but In tho main,
I see no reason to expect a general
rise Id the value, of outside lots In the
near future."
Art League "At Home,"
This' Is the night when tbe Literary
Circle of the Kllobana Art 'League will
gtve an "At Home" In the usual place,
A large number oflitnvltatlons have
been Issued and a large number of peo
ple Is confidently expected, as people
quite generally have heard what an ex,
cellent entertainment Is In store.
HeaanlrMasauerade Ball.
Costume and dancers are now ready
for the Healanl masquerade this even
ing. Dancing begins promptly at 8
"o'clock, tho unmasking following at
10:30 o'clock. A large crowd Is ex
pected. 4 '"
THB PAULING HERE.
The big transport Pakling arrived
last night from San FrnnclBco after a
fine passage of 6H days. Although she
did 'not leave the Golden date until the
22d Inst., she had no communication
with shore aftor tbe 20th as she left tbe
wharf on that day for sea but was held
In the Btream waiting for the weather
to moderate. She brought no mall and
but few papers,
The Pakling Is making her first visit
to this port. She Is a sister ship of the
Klntuck which was hcie a short tlmo
ago and Is now due from Seattle. On
tho raiding are 111 army men and 750
horses. The commander of tho vossel
is Klllston Warral.
Tho l'akllng Is ownol by tho China
Mutual Steam Navigation Company of
London. She Is a new boat 110 feet
long, 4S feet beam and 27 feot draught.
Her gross tohnaRe Is 4117 and her net
tonnage '2876. Her crew consists of
53 of whomilC arc European ofilcers.
Private Contractor Pnnned.
Owing to the failure of nny one to
make tenders for the grading of Llllha
street, the Road Department will begin
the work Itself next Monday. Fifty
men and a large number of carts and
wagons will be detailed for the Job. It
will be a long and hard piece of work,
the cuts and fills at places being as
much as ten feet.. As sooh. as the
grade Is finished, property'owners will
be 'asked to put down curbing.' The
Wl then .Ut payed.
':VW
m m Bun
In the estate of Emma Kalekonalanl, '
the account's of Bruce Cartwrtght, trus
tee under the will, as reported by Hen
ry Smith, master, were approved this
morning by Judge Humphreys. The
mister's report says: "In this estate,
the whole Income is devoted, first to
certain annuitants nsmed in the will
and secondly to the Queen's Hospital
and Albert K. Kunulakea as residuary
legatees." During the past year the
Queen's Hospital received 11325.27 and
Kuntilkea. a like amo.mt. Annuitants
paid are as follows: Lucy Peabody.
$900; St. Andrew's .School for girls.
$600; Mary Liwal, $300; Orace Kahoa
III, $300. According to the Inventory,
the assessed value of the real estate
owned by the estate of the deceased
Queen is $73,800.
In the estate of J. K. Kahookano,
the report of J. A. Thompson, master,
was confirmed and tho accounts of ad
ministrator approved.
In the estate of S. Kalakolll, Enoch
Johnson was appointed administrator
this morning, under bond of $500.
The will of Gersldo J. Roclo was to
day admitted to probate and J. S.
Antevedo appointed ixecutor under
bond of $1000.
In tbe estate of W. D. Hunt, an In
ventory of property was filed today by
D. A. Hunt executrix. The estate ag
gregates In vslue the sum of $4550'
P. D. Kellet Jr., guardian of the prop
erty of C. Luhdhal. tn Insane person
and nishop & Co., hive submitted a
case to the Supreme Court" without ac
tion. It Is set out that Lundahl on
January 17. 1901, deposited with Bish
op & Co., $1000, for which he was Is
sued a draft on the Dank of California ,
for a like sum, in favor of Augusta Jo
hansen. This draft was retained in the
possession of Lundahl and is now in
the hands of his guardlin. Kellet pre
sented the draft to DUfcop & Co for
pavment but was refused. Augusta
Jnhansen has given notice to nishop
& Co. to pay tho draft to no one but
herself.
The questions asked the Supreme
Court are: Has P. D. Kellett Jr. the
right to recover possesion of the mon
ey on tendering the draft to Bishop &
Co? or has Augusta Johansenthe right
to possession of the draft and to pay
ment on presenting It to the Bank of
California?
The case of the Rapid Transit and,
tho Hawaiian -Tramways Company oc
cupied the Supreme Court this morn
ing and will continue at the afternoon
session.
Monday, April 1, has been set as the
day for taking tho deposition of R. H.
Fowler, In the esse of Oeorge W. Mac-
farlane vs. Robert Catton.
Petition for the appointment of
James E. Jaeger as trustee, for Julia
English, In place of A. Jaeger, deceas
ed, was filed today.
REDUCTION 8ALE OP STRAW
HATS AT rWAKAMI'3. HOTEU
STREET.
For Durability,
Comfort and
Style...
There is a shoe known
as the
r
Iieywpod
wearers of which will take no
others. Try on a pair and be
convinced of the truthfulness of
tilts statement.
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